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Vandalism Act (Singapore) : ウィキペディア英語版
Vandalism Act (Singapore)

The Vandalism Act is a statute of the Parliament of Singapore that criminalizes a number of different acts done in relation to public and private property, namely, stealing, destroying or damaging public property; and, without the property owner's written consent, writing, drawing, painting, marking or inscribing the property; affixing posters, placards, ''etc.'', to the property; and suspending or displaying on or from the property any flag, banner, ''etc.''
In addition to a fine or jail term, the Act imposes mandatory corporal punishment of between three and eight strokes of the cane for second or subsequent convictions. Caning is also imposed for first convictions for defacing property using an indelible substance; and stealing, destroying or damaging public property. The Children and Young Persons Act ("CYPA") states that the High Court may impose a caning penalty on juvenile offenders as well. In a 1968 case, the High Court held that despite the wording of this provision, a subordinate court may sentence juveniles to caning under the Vandalism Act as that Act takes precedence over the CYPA.
The 1994 conviction of 18-year-old American citizen Michael P. Fay for vandalizing cars using spray paint, and the sentence of six strokes of the cane imposed on him, provoked much controversy with both condemnation and support from Americans. Following a request by US President Bill Clinton for clemency, President Ong Teng Cheong commuted Fay's caning sentence from six to four strokes. In 2010, a Swiss national, Oliver Fricker, pleaded guilty to charges of trespassing into a Mass Rapid Transit depot and spray-painting a train with an accomplice, and was sentenced to five months' jail and three strokes of the cane. On appeal, the High Court increased his total jail term to seven months.
==History==
Vandalism was originally prohibited by the Minor Offences Act, which made it punishable by a fine of up to S$50 and/or a week in jail.〔.〕 The Vandalism Act〔No. 38 of 1966; now the ("VA").〕 was introduced into Parliament as the Punishment for Vandalism Bill on 17 August 1966. At the second reading of the bill on 26 August, its introducer, the Minister of State for Defence Wee Toon Boon, said that Members of Parliament were aware of the reasons for the bill
Taking part in the Parliamentary debate, the Prime Minister Lee Kuan Yew commented that the bill, which sought to impose a mandatory caning sentence on persons convicted for the first time of vandalism with an indelible substance, was a "departure from what is normal criminal law legislation". However, the punishment was necessary because
The bill was committed to a Committee of the whole House, read a third time and passed the same day. It was assented to by the President of Singapore on 31 August, and came into force on 16 September 1966. As of 2010, the Act had not been amended significantly since it was enacted.
Jothie Rajah of the American Bar Foundation has argued that the actual target of the law was activists from the Barisan Sosialis, an opposition party harshly suppressed at the time, which used posters and graffiti to spread its message.〔 In the 1994 case ''Fay Michael Peter v. Public Prosecutor'',〔''Fay Michael Peter v. Public Prosecutor'' () 1 S.L.R.(R) (Law Reports (Reissue)'' ) 1063, High Court (Singapore).〕 the appellant's counsel made a similar argument, submitting briefly before the High Court that the original legislative intent behind the imposition of a caning penalty was to suppress violent political elements which existed in Singapore in the 1960s which had, among other things, inscribed anti-national slogans in public places. However, Chief Justice Yong Pung How took the view that it was "too simplistic" to claim that the Act was aimed mainly at punishing riotous anti-national elements: "That may have been one of the more urgent objectives at the time the Act was enacted in 1966 but a reading of the relevant Parliamentary Debates shows that the Legislature was simultaneously concerned with containing anti-social acts of hooliganism."〔''Fay Michael Peter'', para. 16.〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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